My husband lost his job recently. Will I now be responsible for his ex wife's spousal support?
1. No, it's not your obligation to pay his alimony.
2. If he doesn't pay it, and his ex-wife files a petition for contempt and demonstrates that he still has the ability to pay (eg from dividends, inheritance, rental income, or some other income source(s), then the court may find him in contempt for willfully violating its order, his unemployment notwithstanding.
3. If he does not have the ability to pay, the arrearage accrues nonetheless, until such time as he petitions the court for a modification and the court grants the petition (should he meet his legal burden). Of course, this presumes that his alimony is modifiable. His divorce decree or any incorporated settlement agreement may provide that it is not modifiable.
He should speak with the family law attorney - and bring a copy of his divorce decree when he meets with him/her.See question
The father of my child has an uncle that lives next door to him that is a registered sex offender in the state of Georgia. Would that have any bearing on his visitation rights as we are going to court?
The Judge's paramount duty in determining an appropriate award of custody and parenting time is to look solely to what is in the child's best interest in furtherance of his or her overall safety and well-being. That said, you haven't given us any facts that might give us insight into how the uncle's proximity to the father might inform the court's decision.
As examples of what might be meaningful information to the court:
Is the father willing to agree never to leave the child alone with her great uncle?
Has the father lived at the same residence for years and during how much of that time has the uncle lived next-door? During that time, did the father ever leave the child alone with him? Or has the father managed over the years to safeguard the child from the uncle?
Does the father have a history of responsible or irresponsible parenting? Has his judgment been good or poor in the past?
Is the uncle on the sex offender registry because when he was 17 and his girlfriend was just days shy of her 16th birthday, they had consensual sexual relations that amounted to statutory rape? Or is he a pedophile, predator, rapist?
Is the great uncle now wheelchair-bound, or is he active in able to get around?
Does the uncle actually reside in the home or does he rent it to an unrelated family? Does he collect the rent or does a third-party agency? Is it probable that he would have any opportunity to be alone with the child?
Has the uncle been inside your home in recent years? Were you comfortable with him being around your child as long as it was not unsupervised?
Is the only time anyone ever sees him once a year at a family Christmas party, when scores of other people are around?
These are just a few of the many questions that might come up the answers for which might be instructive to the court. If you don't have an attorney, you should retain one and speak to him or her about your concerns and get some guidance after sharing with him or her all the relevant facts of your case.See question
Child has spoken to judge and had a hearing stating his desires to no avail. Granting custody to a very competent father in cobb County Georgia is like pulling teeth that aren't loose. Please help.
Under Georgia law, a 14-year-old can elect with which parent he or she wants to reside; however, that election is not controlling. It is presumptive. The Court must still find that it is in the child's best interest for custody to be modified.
You don't indicate whether your hearing was a temporary or final hearing, whether a GAL (guardian ad litem has been appointed), etc. - and ostensibly, you do not have any representation. You should meet with a family lawyer in your area, bring a copy of the pleadings, any orders that have been entered, and get some professional advice from someone who has reviewed the file and can take a full history from you.See question
I have a pending divorce in GA however I did not reside in GA for 6 consecutive months prior to filing. I was only back in GA 3 months before I filed divorce. How likely would it be for the judge to now, 15 months later dismiss the case upon my re...
You can voluntarily dismiss your petition at any time. You don't have to ask permission from the court to do it.See question
i did drugs when i was pregnant and he was awarded legal custody (the father) however they never terminated my rights and we were living together when he died.
When a parent dies, the surviving parent is entitled to custody pursuant to OCGA Section 19-9-2See question
I lost my job and I am behind on support. My daughter is out of control with mom and she can't control her anymore, can I obtain custody with being behind on support ?
If what you're asking is whether you can file a modification of custody action, the answer is yes; however, you would have to be able to prove the legal burden to prevail. You have demonstrate that since the entry of the original custody order, there has been a material change in circumstances affecting the health or welfare of your child and that it is in your child's best interest that custody be modified. I am not clear from the limited facts in your post as to whether they would support a finding that there has been a material change in circumstances affecting your child's health and welfare.
In determining best interest, the court may consider a host of relevant factors, including, but not limited to, your child's bond with each parent, each parent's willingness to foster a meaningful relationship between the child and her other parent, each parent's willingness and ability to continue the education and rearing of the child, each parent's ability to meet the child's daily and special needs, and each parent's financial circumstances. The fact that you are unemployed and unable to support your child will absolutely be a factor the court considers - but the court will also consider your ability to do so with the payment of child support from the other parent. That will only be one of multiple considerations should you be able to overcome the first prong of the legal burden (the material change alluded to above).
You should speak with an attorney in your area who regularly practices in family law.See question
If provided proof , his calling the other parent "a sorry excuse of a parent " constantly possible to bring to the courts attention of non co parenting and against court order parenting plan , along with many other possible contempt charges I ha...
It would be wise for you to bring a copy of your Decree and any incorporated Settlement Agreement and Parenting Plan Order to an attorney to review. It would be unusual for there not to be language proscribing the kind of alienating behaviors you've described. If there is, then her violation of any such provision(s) would be a basis for requesting citation for contempt.
You may, however, want to discuss with an attorney the propriety and viability of bringing a modification of visitation action in lieu of or in addition to a petition for contempt. If the goal is to keep the child or children from being exposed to an unhealthy and unsafe environment, and if the mother is exposing them to same in contravention to the Court׳s Decree, then it may be appropriate to request supervised parenting time. You do not state what the violations are, so it's not clear whether such a request would be advisable.
You should also ask any attorney with whom you meet whether it would be wise to request a GAL appointment, a psychological evaluation, or a custody evaluation, which may or may not be indicated by the circumstances in your case.See question
Currently residing in crisis shelter. No income no job. Need assistance with divorce due to domestic violence. We were residing in Whitfield county. Husband now resides in Gordon county. No children or property to fight over.
Call Georgia Legal Services for Georgia Mts and Conasauga Pro Bono Referrals
Recently I received a threat from a family member of my child's father, stating that they'll have him take me to court so that he can see his child. My issue is that I never kept him from his child, he abandoned his child. It was his choice not ...
It does not sound like he has abandoned the child financially. If he files a legitimation petition, he can ask for parenting time or custody. His legal burden under the law will be to show that it is in the child's best interest that he have custody or parenting time rights. There are a long list of factors that the court considers in determining what is the child's best interest. One of those factors is the willingness of each parent to foster a meaningful relationship between the child and his or her other parent. If he has asked to see and spend time with his child, and if you have ignored those requests, then that will not be well received by the court, unless you have done so because the father poses some kind of real danger to the child. You have not indicated that in your post, however. While you are the only parent currently entitled to custody and the father is not at this point entitled to any parenting time, the court still wants to know that a parent is going to make his or her child a priority and do what is best for the child, including fostering a relationship with his or her other parent.See question
My fiance wants to adopt my son. He is a little over a year old. The biological father has not seen him in almost a year. Though his name is on the birth certificate. Has not not giving any support to the child. And only saw him a few times right...
Congratulations on your impending nuptials. It's awesome that your fiancé wants to step up and be a father to your child, particularly if the biological father has abandoned him. If you can demonstrate that the biological father has, in fact, abandoned your child, by not seeing or supporting him for the last year as you've indicated, then that make the process a little easier as you will not need his consent to the adoption. You will have to get him properly served. This is a complicated process your fiancé would be wise to retain an attorney to represent him in the adoption. As the child's mother, you would also have to consent to the adoption, which consent the lawyer filing the adoption petition would be able to prepare. It would be wise to get married before proceeding with the adoption. It will be helpful if you have been together for a number of years, because a judge will be concerned if you haven't known each other long and have not demonstrated a long-term commitment to each other. If you end up not marrying or the marriage is not coming on the heels of a solid relationship, the court will be concerned that the child will end up losing a legal father who has not had time to establish a bond with him and who will also abandon him.See question